What to Know About Working With a Personal Injury Attorney in South Carolina
Schiller Bennett J III offers personal injury representation in South Carolina
Schiller Bennett J III is a personal injury attorney licensed to practice in South Carolina. If you have been injured and are considering legal representation, understanding how an attorney works with you, what to expect during the process, and how to decide if this is the right step can help you move forward with confidence.
Personal injury cases typically involve disputes over who is responsible for an injury and what compensation should cover medical bills, lost wages, pain and suffering, or other damages. An attorney's role is to investigate the incident, gather evidence, communicate with insurance companies or opposing counsel, and represent your interests—either in settlement negotiations or in court if a case goes to trial.
Before you contact any attorney, it helps to know what information you will need, what questions to ask, and what the general timeline looks like from injury to resolution.
Key Takeaways
- Personal injury attorneys typically work on contingency, meaning they collect a fee only if you receive a settlement or court award, not if you lose the case.
- You will need documentation of your injury, medical treatment, lost income, and details about how the injury occurred to support your case.
- The process from initial consultation to settlement or trial verdict can take months or years depending on the complexity and whether the other party contests liability.
- An initial consultation with an attorney is usually free and gives you a chance to describe what happened and learn whether you have a viable claim.
What happens during an initial consultation
When you first meet with an attorney, you will describe the incident, your injuries, and any treatment you have received. The attorney will ask about witnesses, photographs, police reports, or other evidence. They will also ask about your medical history to understand whether your injuries were pre-existing or caused by the incident in question.
During this conversation, the attorney will explain whether your case appears to have merit—that is, whether there is a reasonable basis to believe someone else was legally responsible for your injury. They will also discuss their fee structure, typically a percentage of any settlement or award if the case is handled on contingency. This is your opportunity to ask about their experience with cases similar to yours, how long cases usually take, and what the next steps would be if you decide to move forward.
Documents and information you should gather
Before or shortly after meeting with an attorney, collect everything related to your injury. This includes medical records from all providers who treated you, bills from hospitals or clinics, receipts for medications or medical equipment, and documentation of any wages you lost while unable to work. If the injury occurred in a vehicle accident, obtain the police report. If it happened on someone else's property, gather photographs of the location and any hazard that caused the injury.
Write down the names and contact information of anyone who witnessed the incident. Keep a record of all communications with insurance companies, including claim numbers and the names of adjusters you spoke with. If you have taken photographs of your injuries or the scene, organize those by date. The more complete your documentation, the stronger your attorney's ability to build your case.
How contingency fees work
Most personal injury attorneys in South Carolina work on a contingency fee basis. This means you pay nothing upfront and no hourly rate. Instead, the attorney's fee is a percentage of the money you recover—typically between 25 and 40 percent, depending on the complexity and whether the case settles before trial or requires litigation.
If your case does not result in a settlement or award, you owe the attorney no fee. However, you may still be responsible for case costs—expenses like court filing fees, expert witness fees, or medical record retrieval—even if the case is unsuccessful. Before signing a representation agreement, ask the attorney to explain which costs you will be responsible for and under what circumstances.
The timeline from injury to resolution
Personal injury cases do not move quickly. After you hire an attorney, they will conduct an investigation, which can take weeks or months. They will request medical records, obtain police reports, and may hire experts to review evidence. During this time, they will also communicate with the insurance company or opposing counsel to explore settlement options.
If the other party's insurance company makes an offer, your attorney will advise you on whether it is reasonable given your injuries and damages. Many cases settle at this stage. If no settlement is reached, your attorney may file a lawsuit, which opens a discovery phase where both sides exchange evidence and take depositions. This phase typically lasts several months. If the case still does not settle, it may go to trial, which could take place a year or more after the initial injury.
Questions to ask before hiring an attorney
Ask the attorney how many personal injury cases they have handled and how many went to trial versus settled. Ask about their experience with cases involving your type of injury—car accidents, slip and fall, workplace injury, or medical malpractice, for example. Find out who will be working on your case: will the attorney you meet with handle it personally, or will it be assigned to another lawyer in the firm?
Ask for an estimate of how long your case might take and what factors could speed it up or delay it. Ask whether they have worked with the insurance companies or defense attorneys involved in your case before. Ask what communication you can expect—how often will they update you, and how can you reach them with questions? These conversations help you understand whether this attorney is a good fit for your situation.
When to contact an attorney
You do not have to wait until you have finished all medical treatment to contact an attorney. In fact, reaching out early can be helpful because an attorney can advise you on how to document your injury and avoid statements that might harm your case later. However, be aware that South Carolina has a statute of limitations—a deadline by which you must file a lawsuit. For most personal injury cases, this deadline is three years from the date of injury, but it can be shorter in some situations.
If you have been injured and believe someone else is responsible, contacting an attorney for a free initial consultation costs you nothing and gives you information about your options. You are not obligated to hire them based on that conversation alone.
Frequently Asked Questions
What if I am partially at fault for my injury?
South Carolina follows a rule called comparative negligence. If you are found to be partially responsible for your injury, your compensation may be reduced by your percentage of fault. An attorney can explain how this rule might apply to your specific situation and what it could mean for your case.
Can I still pursue a case if I did not go to the hospital right away?
Yes, but the delay can make your case harder to prove. Insurance companies may argue that your injuries were not serious if you did not seek immediate treatment. An attorney can help you explain any delay and gather medical evidence that supports your claim, even if treatment began days or weeks after the injury.
What if the person who injured me does not have insurance?
You may still have options. Your own insurance policy may include uninsured motorist coverage if the injury was from a vehicle accident. In other situations, you might pursue a claim directly against the person who caused the injury, though collecting money can be difficult if they have limited assets. An attorney can advise you on what is possible in your case.
How much will my case be worth?
The value of a personal injury case depends on the severity of your injuries, the cost of medical treatment, how much income you lost, and the strength of evidence about who was responsible. An attorney can give you a range based on similar cases, but the actual value becomes clearer as your case develops and medical treatment is complete.
What happens if I disagree with my attorney's advice?
You have the right to make final decisions about your case, including whether to accept a settlement offer. Your attorney must advise you, but you control the outcome. If you feel your attorney is not representing your interests well, you can end the relationship and hire someone else, though you may owe a fee for work already completed.